What Is Constructive Possession in Illinois Drug Cases?

 Posted on November 25, 2024 in Drug Charges

When people think about drug possession, they usually imagine someone carrying an illegal substance in their bag or pocket. In Illinois, however, drug possession charges are not limited to cases where a drug is found on a person. Law enforcement can also arrest someone for constructive drug possession, which is a much broader form of the crime. Illinois treats any kind of illegal drug possession harshly with heavy fines and lengthy prison terms. If you or someone you know is facing drug possession charges, reach out to an Illinois criminal defense attorney who will investigate your case and start building your defense.

What Is Constructive Drug Possession?

There are two types of drug possession: actual and constructive. Actual possession means you have exclusive and immediate control over the drug, like carrying it in your pocket. Constructive possession, on the other hand, means you do not have actual possession of the drug but you have control over it and intend to use it.

Therefore, when prosecutors want to prove someone is guilty of constructive drug possession, they need to demonstrate two facts:

• Control: The defendant had the ability to exercise control over the controlled substance. This control does not have to be exclusive, meaning it does not need to be on the defendant’s person.

• Intent: The defendant intended to exercise dominion over the drug.

What Are Real-Life Examples of Constructive Drug Possession?

Being charged for constructive drug possession is not uncommon in Illinois. Real-world examples of constructive possession include:

• College dorm rooms: College students sometimes purchase drugs and keep them in their dorm rooms with their roommates’ knowledge. If the drugs are kept in a drawer or closet, both may be accused of possession if they had access to the drugs and intended to use them in some way.

• Shared vehicles: A person may keep a controlled substance in a vehicle that he or she shares with other household members. If those members are aware of the drug’s location and intend to wield control over it, they can be charged with drug possession.

• Storage spaces: A person who owns a storage space can be charged with constructive drug possession if he or she is aware of illegal drugs in the space and intends to do something with them.

Keep in mind that while constructive possession may be a broader form of the offense of drug possession, it is sometimes harder for the prosecution to prove. In a college dorm room where there are a lot of visitors and foot traffic, it can be difficult to show beyond a reasonable doubt that the defendant had knowledge and control of the drug.

Contact a DuPage County, IL Drug Crime Defense Attorney

Facing drug possession charges can be frightening and confusing, especially if the drugs did not belong to you. Protect yourself by hiring a Naperville, IL drug possession defense lawyer with experience in drug crimes. At Appelman Law LLC, we provide our clients with first-rate legal services and strategies designed to protect their rights and future. Get a free consultation today by calling 630-717-7801 now.